The High Court of Kerala allowed a miscellaneous application to quash criminal proceedings under section 324 IPC and section 23 of the Juvenile Justice Act, finding that the matter was settled between the acquitted complainant and the accused.
Crl.M.C. allowed; criminal proceedings in Crime No. 514 of 2013 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY ,THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940
Crl.MC.No. 7962 of 2017
AGAINST THE ORDER/JUDGMENT IN CP 321/2016 of J.M.F.C.,KASARAGOD CRIME NO. 514/2013 OF VIDYA NAGAR POLICE STATION , Kasargod
PETITIONER/1st ACCUSED:
S.L.P. KUNHIBI @ KUNJALIMA
AGED 74, W/O.LATE KUNHIMAHIN HAJI, PADOOR HOUSE, CHATTAMCHAL THEKKIL VILLAGE, KASARGODE DISTRICT.
BY ADVS. SRI.T.A.UNNIKRISHNAN SRI. AKHIL .K.K
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 SARANYA
D/O.LATE RAJU, HOUSE NO.49, 2ND CROSS ROAD, MAHADEVAPURAM ROAD, BHARATH NAGAR, SANTHI NAGAR, MYSORE-570001.
BY ADV. A.G.PRASANTH
OTHER PRESENT:
PP-SMT.SREEJA.V
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.7962/17
2
ORDER
Petitioner, who is a senior citizen arrayed as the first accused in Crime No.514 of 2013 of Vidhyanagar Police Station for offences punishable under section 324 of the Indian Penal Code and section 23 of the Juvenile Justice Act.
Crl.M.C.7962/17
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In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.514 of 2013 of Vidhyanagar Police Station will stand
quashed.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
Crl.M.C.7962/17
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN C.P.NO.321/16 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KASARAGODE.
ANNEXURE II AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 18/09/2018.
1 issue framed by the court
Whether criminal proceedings under sections 324 IPC and 23 JJ Act can be quashed where the matter was settled with the accused.
2 provisions across 2 enactments
S.L.P. Kunhibi @ Kunjalima
State of Kerala
Saranya
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
